Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90230631

Filing Date: 10/01/2020

To the Commissioner for Trademarks:

MARK: DIABLO IMMORTAL (Standard Characters, see mark)
The literal element of the mark consists of DIABLO IMMORTAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Blizzard Entertainment, Inc., a corporation of Delaware, having an address of
      1 Blizzard Way
      Irvine, California 92618
      United States
      949-955-1380(phone)
      949-725-0125(fax)
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009:  Downloadable computer and video game programs; Downloadable computer game software, Downloadable video game software; Computer game software and video game software downloadable from a global computer network; Interactive multimedia video game and computer game programs; Video game software downloadable to mobile phones, tablets, and other electronic mobile devices.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 041:  Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing on-line video games; Entertainment services, namely, providing on-line interactive multiplayer video games; Entertainment services, namely, providing temporary use of non-downloadable computer and video games; providing on-line non-downloadable electronic games that may be accessed via a global computer network; Entertainment services, namely, arranging and conducting of competitions in the field of electronic games; providing online news and information in the field of electronic games; Gaming services in the nature of conducting online computer game tournaments; Providing a web-based system and on-line portal for customers to participate in on-line gaming.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2416001, 3633218, and 2791742.

Translation
The English translation of DIABLO in the mark is devil.


For informational purposes only, applicant's website address is: http://www.blizzard.com

The owner's/holder's proposed attorney information: Daniel A. Kohler. Daniel A. Kohler of Blizzard Entertainment Legal Department, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1 Blizzard Way
      Irvine, California 92618
      United States
      949-955-1380(phone)
      949-725-0125(fax)
      dkohler@blizzard.com

Daniel A. Kohler submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Daniel A. Kohler

PRIMARY EMAIL FOR CORRESPONDENCE: dkohler@blizzard.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): terry.kiel@activision.com; tm@activision.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Daniel Kohler/   Date: 10/01/2020
Signatory's Name: Daniel A. Kohler
Signatory's Position: Attorney of record, CA bar member
Payment Sale Number: 90230631
Payment Accounting Date: 10/01/2020

Serial Number: 90230631
Internet Transmission Date: Thu Oct 01 17:41:08 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20201001174108805
517-90230631-750b5994a68a4c50d05c255c32d
47cb6a672f5b1d6633ba9f8a2aba5712cc7da9-D
A-41085353-20201001172644887318